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5 U.S.C. § 8171 — Compensation for work injuries; generally

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8171 — Compensation for work injuries; generally

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Source location: Title 5, Chapter 81, § 8171; chapter-081-compensation-for-work-injuries.md

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**(a)** The Longshore and Harbor Workers’ Compensation Act ([33 U.S.C. 901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section901&num=0&edition=prelim) et seq.) applies with respect to disability or death resulting from injury, as defined by section 2(2) of such Act ([33 U.S.C. 902(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section902/2&num=0&edition=prelim)), occurring to an employee of a nonappropriated fund instrumentality described by [section 2105(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105/c&num=0&edition=prelim), or to a volunteer providing such an instrumentality with services accepted under [section 1588 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1588&num=0&edition=prelim), who is— (1) a United States citizen or a permanent resident of the United States or a territory or possession of the United States employed outside the continental United States; or (2) employed inside the continental United States. However, that part of section 3(a) of such Act ([33 U.S.C. 903(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section903/a&num=0&edition=prelim)) which follows the second comma does not apply to such an employee. **(b)** For the purpose of this subchapter, the term “employer” in section 2(4) of the Longshore and Harbor Workers’ Compensation Act ([33 U.S.C. 902(4)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section902/4&num=0&edition=prelim)) includes the nonappropriated fund instrumentalities described by [section 2105(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105/c&num=0&edition=prelim). **(c)** The Secretary of Labor may— (1) extend compensation districts established under section 39(b) of the Longshore and Harbor Workers’ Compensation Act ([33 U.S.C. 939(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section939/b&num=0&edition=prelim)), or establish new districts to include the areas outside the continental United States; and (2) assign to each district one or more deputy commissioners as the Secretary considers advisable. **(d)** Judicial proceedings under sections 18 and 21 of the Longshore and Harbor Workers’ Compensation Act ([33 U.S.C. 918](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section918&num=0&edition=prelim) and 921) with respect to an injury or death occurring outside the continental United States shall be instituted in the district court within the territorial jurisdiction of which is located the office of the deputy commissioner having jurisdiction with respect to the injury or death.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1588 — Authority to accept certain voluntary services

**(a) Authority To Accept Services.—** Subject to subsection (b) and notwithstanding [section 1342 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1342&num=0&edition=prelim), the Secretary concerned may accept from any person the following services: (1) Voluntary medical services, dental services, nursing services, or other health-care related services. (2) Voluntary services to be provided for a museum or a natural resources program. (3) Voluntary services to be provided for programs providing services to members of the uniformed services and the families of such members, including the following programs: (A) Family support programs. (B) Child development and youth services programs. (C) Library and education programs. (D) Religious programs. (E) Housing referral programs. (F) Programs providing employment assistance to spouses of such members. (G) Morale, welfare, and recreation programs, to the extent not covered by another subparagraph of this paragraph. (4) Voluntary services as a member of a funeral honors detail under [section 1491 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1491&num=0&edition=prelim). (5) Legal services voluntarily provided as legal assistance under [section 1044 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044&num=0&edition=prelim). (6) Voluntary services as a proctor for administration to secondary school students of the test known as the “Armed Services Vocational Aptitude Battery”. (7) Voluntary translation or interpretation services offered with respect to a foreign language by a person (A) who is registered for such foreign language on the National Foreign Language Skills Registr

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 901 — Short title

This chapter may be cited as “Longshore and Harbor Workers’ Compensation Act.”

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 918 — Collection of defaulted payments; special fund

**(a)** In case of default by the employer in the payment of compensation due under any award of compensation for a period of thirty days after the compensation is due and payable, the person to whom such compensation is payable may, within one year after such default, make application to the deputy commissioner making the compensation order or 11 So in original. Probably should be “for”. a supplementary order declaring the amount of the default. After investigation, notice, and hearing, as provided in [section 919 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section919&num=0&edition=prelim), the deputy commissioner shall make a supplementary order, declaring the amount of the default, which shall be filed in the same manner as the compensation order. In case the payment in default is an installment of the award, the deputy commissioner may, in his discretion, declare the whole of the award as the amount in default. The applicant may file a certified copy of such supplementary order with the clerk of the Federal district court for the judicial district in which the employer has his principal place of business or maintains an office, or for the judicial district in which the injury occurred. In case such principal place of business or office or place where the injury occurred is in the District of Columbia, a copy of such supplementary order may be filed with the clerk of the United States District Court for the District of Columbia. Such supplementary order of the deputy commissioner shall be final, and the court shall, upon the filing of the copy, enter judgment for the amount declared in default by the supplementary order if such supplementary order is in accordance with law. Review of the judgment so entered may be had as in civ

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33 U.S.C. § 901 — Short title

Page 277 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 901 (c) Privacy protection In preparing and submitting a report under subsection (a), the Secretary shall ensure that no individual involved in an alleged sexual as- sault can be identified by the contents of the re- port. (Pub. L. 114–328, div. C, title XXXV, § 3548, for- merly § 3546, Dec. 23, 2016, 130 Stat. 2804; renum- bered § 3548, Pub. L. 116–259, title V, § 504(b)(1), Dec. 23, 2020, 134 Stat. 1180.) § 894f. Sexual assault defined In this subchapter, the term ‘‘sexual assault’’ shall have the meaning given such term in sec- tion 12291(a) of title 34. (Pub. L. 114–328, div. C, title XXXV, § 3549, for- merly § 3547, Dec. 23, 2016, 130 Stat. 2805; renum- bered § 3549, Pub. L. 116–259, title V, § 504(b)(1), Dec. 23, 2020, 134 Stat. 1180.) CHAPTER 18—LONGSHORE AND HARBOR WORKERS’ COMPENSATION Sec. 901. Short title. 902. Definitions. 903. Coverage. 904. Liability for compensation. 905. Exclusiveness of liability. 906. Compensation. 907. Medical services and supplies. 908. Compensation for disability. 909. Compensation for death. 910. Determination of pay. 911. Guardian for minor or incompetent. 912. Notice of injury or death. 913. Filing of claims. 914. Payment of compensation. 915. Invalid agreements. 916. Assignment and exemption from claims of creditors. 917. Lien against compensation. 918. Collection of defaulted payments; special fund. 919. Procedure in respect of claims. 920. Presumptions. 921. Review of compensation orders. 921a. Appearance of attorneys for Secretary, dep- uty commissioner, or Board. 922. Modification of awards. 923. Procedure before deputy commissioner or Board. 924. Witnesses. 925. Witness fees. 926. Costs in proceedings bro

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 902 — Definitions

When used in this chapter— (1) The term “person” means individual, partnership, corporation, or association. (2) The term “injury” means accidental injury or death arising out of and in the course of employment, and such occupational disease or infection as arises naturally out of such employment or as naturally or unavoidably results from such accidental injury, and includes an injury caused by the willful act of a third person directed against an employee because of his employment. (3) The term “employee” means any person engaged in maritime employment, including any longshoreman or other person engaged in longshoring operations, and any harbor-worker including a ship repairman, shipbuilder, and ship-breaker, but such term does not include— (A) individuals employed exclusively to perform office clerical, secretarial, security, or data processing work; (B) individuals employed by a club, camp, recreational operation, restaurant, museum, or retail outlet; (C) individuals employed by a marina and who are not engaged in construction, replacement, or expansion of such marina (except for routine maintenance); (D) individuals who (i) are employed by suppliers, transporters, or vendors, (ii) are temporarily doing business on the premises of an employer described in paragraph (4), and (iii) are not engaged in work normally performed by employees of that employer under this chapter; (E) aquaculture workers; (F) individuals employed to build any recreational vessel under sixty-five feet in length, or individuals employed to repair any recreational vessel, or to dismantle any part of a recreational vessel in connection with the repair of such vessel; (G) a master or member of a crew of any vessel; or (H) any person engaged by a master to load or unload

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 902 — Definitions

Page 278 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 902 ‘‘(2) the term ‘disability’ has the meaning given such term by section 2(10) of the Act [section 902(10) of this title] as amended by this Act.’’ EFFECTIVE DATE Section 52, formerly § 51, of act Mar. 4, 1927, renum- bered Oct. 27, 1972, Pub. L. 92–576, § 19, 86 Stat. 1263, pro- vided that: ‘‘Sections 39 to 48, 50 to 52 [50 to 52, for- merly 49 to 51, renumbered Pub. L. 92–576, § 19], inclu- sive [sections 939 to 948, 949, and 950 of this title], shall become effective upon the passage of this Act [Mar. 4, 1927], and the remainder of this Act shall become effec- tive on July 1, 1927.’’ SHORT TITLE OF 1984 AMENDMENT Pub. L. 98–426, § 1(a), Sept. 28, 1984, 98 Stat. 1639, pro- vided that: ‘‘this Act [enacting section 942 of this title, amending this section, sections 902 to 910, 912 to 914, 917 to 919, 921 to 923, 928 to 935, 938 to 940, 944, and 948a of this title, and section 932 of Title 30, Mineral Lands and Mining, repealing sections 945 to 947 of this title, and enacting provisions set out as notes under this section and section 907 of this title] may be cited as the ‘Longshore and Harbor Workers’ Compensation Act Amendments of 1984’.’’ SHORT TITLE OF 1972 AMENDMENT Pub. L. 92–576, § 1, Oct. 27, 1972, 86 Stat. 1251, provided: ‘‘That this Act [enacting section 948a, amending sec- tions 902, 903, 905 to 910, 912 to 914, 917, 919, 921, 921a, 923, 927, 928, 933, 935, 939, 940, and 944 of this title, and enact- ing and amending provisions set out as notes under this section and section 902 of this title] may be cited as the ‘Longshoremen’s and Harbor Workers’ Compensation Act Amendments of 1972’.’’ REFERENCES TO LONGSHOREMEN’S AND HARBOR WORKERS’ COMPENSATION ACT Pub. L. 98–426, § 27(d)(2), Sept.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 903 — Coverage

**(a) Disability or death; injuries occurring upon navigable waters of United States** Except as otherwise provided in this section, compensation shall be payable under this chapter in respect of disability or death of an employee, but only if the disability or death results from an injury occurring upon the navigable waters of the United States (including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, dismantling, or building a vessel). **(b) Governmental officers and employees** No compensation shall be payable in respect of the disability or death of an officer or employee of the United States, or any agency thereof, or of any State or foreign government, or any subdivision thereof. **(c) Intoxication; willful intention to kill** No compensation shall be payable if the injury was occasioned solely by the intoxication of the employee or by the willful intention of the employee to injure or kill himself or another. **(d) Small vessels** (1) No compensation shall be payable to an employee employed at a facility of an employer if, as certified by the Secretary, the facility is engaged in the business of building, repairing, or dismantling exclusively small vessels (as defined in paragraph (3) of this subsection), unless the injury occurs while upon the navigable waters of the United States or while upon any adjoining pier, wharf, dock, facility over land for launching vessels, or facility over land for hauling, lifting, or drydocking vessels. (2) Notwithstanding paragraph (1), compensation shall be payable to an employee— (A) who is employed at a facility which is used in the business of building, repairing, or dismantling small vessels if such

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33 U.S.C. § 903 — Coverage

Page 280 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 903 ‘‘The term ‘commission’ means the United States Em- ployees’ Compensation Commission’’. Par. (10). Pub. L. 98–426, § 2(b), inserted ‘‘; but such term shall mean permanent impairment, determined (to the extent covered thereby) under the guides to the evaluation of permanent impairment promulgated and modified from time to time by the American Medical Association, in the case of an individual whose claim is described in section 910(d)(2) of this title’’. Par. (13). Pub. L. 98–426, § 2(c), amended par. (13) gen- erally. Prior to amendment, par. (13) read as follows: ‘‘ ‘Wages’ means the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of the injury, including the reason- able value of board, rent, housing, lodging, or similar advantage received from the employer, and gratuities received in the course of employment from others than the employer’’. Par. (21). Pub. L. 98–426, § 5(a)(2), substituted ‘‘Unless the context requires otherwise, the’’ for ‘‘The’’. 1972—Par. (3). Pub. L. 92–576, § 2(a), defined ‘‘em- ployee’’ to mean any person engaged in maritime em- ployment, including any longshoreman or other person engaged in longshoring operations, and any harborworker including a ship repairman, shipbuilder, and shipbreaker and substituted ‘‘or’’ for ‘‘nor’’ before ‘‘any person engaged by the master’’. Par. (4). Pub. L. 92–576, § 2(b), defined ‘‘employer’’ to include an employer any of whose employees are em- ployed in maritime employment upon the navigable waters of the United States, including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loadi

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33 U.S.C. § 918 — Collection of defaulted payments; special

Page 298 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 917 1 So in original. Probably should be ‘‘for’’. fits shall be exempt from all claims of creditors and from levy, execution, and attachment or other remedy for recovery or collection of a debt, which exemption may not be waived. (Mar. 4, 1927, ch. 509, § 16, 44 Stat. 1434.) § 917. Lien against compensation Where a trust fund which complies with sec- tion 186(c) of title 29 established pursuant to a collective-bargaining agreement in effect be- tween an employer and an employee covered under this chapter has paid disability benefits to an employee which the employee is legally obli- gated to repay by reason of his entitlement to compensation under this chapter or under a set- tlement, the Secretary shall authorize a lien on such compensation in favor of the trust fund for the amount of such payments. (Mar. 4, 1927, ch. 509, § 17, 44 Stat. 1434; June 25, 1938, ch. 685, § 8, 52 Stat. 1167; Pub. L. 92–576, § 20(b), Oct. 27, 1972, 86 Stat. 1264; Pub. L. 95–598, title III, § 324, Nov. 6, 1978, 92 Stat. 2679; Pub. L. 98–426, § 14, Sept. 28, 1984, 98 Stat. 1649.) Editorial Notes AMENDMENTS 1984—Pub. L. 98–426 struck out ‘‘(b)’’ before ‘‘Where a trust fund which complies’’, substituted ‘‘covered under this chapter’’ for ‘‘entitled to compensation under this chapter’’, and substituted ‘‘this chapter or under a set- tlement, the Secretary shall authorize’’ for ‘‘this chap- ter, the Secretary may authorize’’. 1978—Subsec. (a). Pub. L. 95–598 repealed provision for lien of person entitled to compensation without limit of amount against assets of carrier or employer and for preference and priority in distribution of assets of such carrier or employer, or both upon insolvency, bank- ruptcy, or reorganizat

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 939 — Administration by Secretary

**(a) Prescribing rules and regulations; appointing and fixing compensation of employees; making expenditures** Except as otherwise specifically provided, the Secretary shall administer the provisions of this chapter, and for such purpose the Secretary is authorized (1) to make such rules and regulations; (2) to appoint and fix the compensation of such temporary technical assistants and medical advisers, and, subject to the provisions of the civil service laws, to appoint, and, in accordance with chapter 51 and subchapter III of chapter 53 of title 5, to fix the compensation of such deputy commissioners (except deputy commissioners appointed under subsection (a) of [section 940 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section940&num=0&edition=prelim)) and other officers and employees; and (3) to make such expenditures (including expenditures for personal services and rent at the seat of government and elsewhere, for law books, books of reference, periodicals, and for printing and binding) as may be necessary in the administration of this chapter. All expenditures of the Secretary in the administration of this chapter shall be allowed and paid as provided in section 945 11 See References in Text note below. of this title upon the presentation of itemized vouchers therefor approved by the Secretary. **(b) Establishing compensation districts** The Secretary shall establish compensation districts, to include the high seas and the areas within the United States to which this chapter applies, and shall assign to each such district one or more deputy commissioners, as the Secretary deems advisable. Judicial proceedings under sections 918 and 921 of this title in respect of any injury or death occurring on the high seas shall be insti

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